Date Of Decision: 28.09.2023 vs State Of Himachal Pradesh & ...
2023 Latest Caselaw 14863 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MMO No. 877 of 2023

Date of Decision: 28.09.2023 _________________________________________________ Pankaj Sharma & others

....Petitioners Versus State of Himachal Pradesh & another ...Respondents

_________________________________________________ Coram Hon'ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1

________________________________________________

For the petitioners: Mr. Ajay Sharma, Senior Advocate, with Mr. Atharv Sharma, Advocate.

For respondents No. 1 & 2: Mr. B.N. Sharma, Additional

Advocate General.

For respondent No. 3: Mr. Ajay Thakur, Advocate.

________________________________________________ Sushil Kukreja, Judge

The accused persons (petitioners herein), after

compromising the matter with the complainant/respondent

No. 3, have come up before this Court under Section 482

Cr.P.C., by invoking inherent powers of this Court, seeking

quashing of FIR No. 59 of 2023, dated 26.06.2023, under

Sections 147, 149, 323 and 504 of the Indian Penal Code

(for short "IPC") registered against them at Police Station

Bangana, District Una, H.P..

1 Whether reporters of Local Papers may be allowed to see the judgment?

2. The present FIR was lodged by complainant/

.

respondent No. 3-Shri Parvinder Singh, who is present

before this Court today and his statement has been

separately recorded and placed on the file.

4. In his statement, complainant/respondent No. 3

stated that on the basis of his complaint, FIR No. 59 of 2023,

dated 26.06.2023, under Sections 147, 148, 149, 323 and

504 IPC was registered against the petitioners at Police

Station Bangana, District Una, H.P.. He has further stated

that now, with the intervention of respectable persons of the

society and in order to maintain cordial relations in future, the

matter has been amicably settled between the parties, vide

compromise deed, Annexure P-1. He has also stated that in

view of the compromise, Annexure P-1, he has no objection,

in case FIR No. 59 of 2023, dated 26.06.2023, registered at

Police Station Bangana, District Una, H.P., alongwith the

consequent proceedings, arising out of the said FIR, are

quashed and set-aside.

5. I have heard learned Senior Counsel for the

petitioners, learned Additional Advocate General for

respondents No. 1 and 2, learned counsel for respondent No.

.

3 and also gone through the material available on record.

5. In Gian Singh Vs. State of Punjab and others,

reported in (2012) 10 SCC 303, explaining that High Court

has inherent power under Section 482 of the Code of

Criminal Procedure with no statutory limitation, including

Section 320 Cr.PC, the Hon'ble Apex Court has held that

these powers are to be exercised to secure the ends of

justice or to prevent abuse of process of any Court and these

powers can be exercised to quash criminal proceedings or

complaint or FIR in appropriate cases where offender and

victim have settled their dispute and for that purpose no

definite category of offence can be prescribed. However, it is

also observed that Courts must have due regard to nature

and gravity of the crime and criminal proceedings in heinous

and serious offences or offences like murder, rape and

dacoity etc. should not be quashed despite victim or victim's

family have settled the dispute with offender. Jurisdiction

vested in High Court under Section 482 Cr.PC is held to be

exercisable for quashing criminal proceedings in cases

having overwhelming and predominately civil flavour

particularly offences arising from commercial, financial,

.

mercantile, civil partnership, or such like transactions, or

even offences arising out of matrimony relating to dowry etc.,

family disputes or other such disputes where wrong is

basically private or personal nature where parties mutually

resolve their dispute amicably. It was also held that no

category or cases for this purpose could be prescribed and

each case has to be dealt with on its own merit but it is also

clarified that this power does not extend to crimes against

society.

6. Further, the Apex Court in Parbatbhai Aahir

alias Parbhathbhai Bhimsinghbhai Karmur and others

vs. State of Gujarat and another, (2017) 9 SCC 641,

summarizing the broad principles regarding inherent powers

of the High Court under Section 482 Cr.PC. has recognized

that these powers are not inhibited by provisions of Section

320 Cr.PC.

7. In case Narinder Singh and others vs. State of

Punjab and others, reported in (2014) 6 SCC 466 and also

in State of Madhya Pradesh vs. Laxmi Narayan and

others, (2019) 5 SCC 688, the Hon'ble Supreme Court has

summed up and laid down principles by which the High

.

Court would be guided in giving adequate treatment to the

settlement between the parties and exercise its power under

Section 482 of the Code while accepting the settlement and

quashing the proceedings or refusing to accept the

settlement with direction to continue with criminal

proceedings. r

8. In Madan Mohan Abbot vs. State of Punjab,

(2008) 4 SCC 582, the Hon'ble Supreme Court emphasized

and advised that in the matter of compromise in criminal

proceedings, keeping in view the nature of the case, to save

the time of the Court for utilizing to decide more effective and

meaningful litigation, a common sense approach, based on

ground of realities and bereft of the technicalities of law,

should be applied.

9. In the instant case, since the matter has been

amicably settled between the parties, therefore, keeping in

view the nature of the offence, I am of the considered view

that no fruitful purpose will be served to continue the

proceedings against petitioners/accused persons, as

continuation of the proceedings will be an exercise in futility.

The justice in the case demands that the dispute between

.

the parties is put to an end and peace is restored in order to

maintain harmonious relations/atmosphere between them.

10. Hence, considering the facts and the

circumstances of the case in entirety, I am of the opinion that

the present petition deserves to be allowed for securing the

ends of justice and, therefore, the same is allowed.

Accordingly, FIR No. 59 of 2023, dated 26.06.2023, under

Sections 147, 149, 323 and 504 of IPC, registered against

the petitioners-accused persons, at Police Station Bangana,

District Una, H.P., and the consequent proceedings, if any,

arising out of the said FIR, are ordered to be quashed and

set-aside.

11. Petition stands disposed of in above terms, so

also the pending application(s), if any.

                                                     ( Sushil Kukreja )
      th
    28 September, 2023                                    Judge
           (virender)